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2010-03-08-01

The Supreme Court of South Carolina

In re: Amendments to Rule 608,
South Carolina Appellate Court Rules


ORDER


The South Carolina Bar has filed two petitions seeking amendments to Rule 608, South Carolina Appellate Court Rules.  The proposed amendments were adopted on January 21, 2010, by the House of Delegates.

In its first petition, the Bar seeks an amendment to Rule 608(d), which would provide that lawyers who serve as members of the General Assembly are exempt from appointments under the rule.  In its second petition, the Bar requests that a lawyer who serves as a member of the Resolution of Fee Disputes Board and completes an assignment under Rule 416, South Carolina Appellate Court Rules, be given credit for one appointment.  Additionally, the Bar requests a Circuit Chair or Executive Chair of the Resolution of Fee Disputes Board be given credit for two appointments per appointment year.

Pursuant to Article V, § 4, of the South Carolina Constitution, we grant the Bar's requests to amend Rule 608, South Carolina Appellate Court Rules, as set forth in the attachment.  The amendments shall be effective July 1, 2010, the commencement of the next appointment year.1    

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

s/Kaye G. Hearn                                 J.

Columbia, South Carolina
March 8, 2010


1 The Court made substantial amendments to Rule 608 by Order dated December 17, 2009.  The Bar's proposed amendments alter the amended version of Rule 608, which becomes effective July 1, 2010.

Amendments to Rule 608, South Carolina
Appellate Court Rules

(1) Rule 608(d)(1), which becomes effective July 1, 2010, is amended by adding the following subsection:

(Q) Members who are serving as members of the General Assembly.

(2)  Rule 608(f)(4), which becomes effective July 1, 2010, is amended by adding the following subsection:

(D) A member who serves as a member of the Resolution of Fee Disputes Board and completes an assignment under Rule 416 shall receive credit for the appointment under this rule.  The Circuit Chair of the Resolution of Fee Disputes Board shall notify the appropriate clerk of court of the completed assignment, and the clerk shall mark the list to reflect the appointment.  A member serving as Circuit Chair or Executive Chair shall receive credit for two appointments during the appointment year.  The Executive Chair or the South Carolina Bar shall notify the appropriate clerk of court, and the clerk shall mark the list to reflect the appointments.